Chengdu Administrative Normative Documents And Filing Requirements

Original Language Title: 成都市行政规范性文件制定和备案规定

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(July 9, 2005 Chengdu municipal people's Government at the 47th Executive session by Chengdu municipal people's Government, July 18, 2005, the 118th promulgated as of September 1, 2005) article (purpose and basis) to standardize the administrative normative documents developed in the city, and for the record, strengthen the supervision over administrative normative documents, ensure the legitimacy of administrative normative document, in accordance with the People's Republic of China of the organic law of the local people's congresses and local people's Governments at all levels, the State Council of the
    Rulemaking procedures Ordinance and the Archivist filing of regulations and Ordinance, Sichuan province, as well as the administrative normative documents and filing requirements and other laws, statutes, regulations, Chengdu practice, these provisions are formulated.
    Article II (definitions) administrative normative documents referred to in these provisions (hereinafter referred to as normative document) refers to government regulations, the city enacted the right to Executive institutions or organizations within the terms of reference, in accordance with statutory procedures, public release involving or affecting the rights and obligations of citizens, legal persons or other organizations, generally binding administrative files.
    Article III (scope of application) development of normative documents in this city, record-keeping, supervision and management, these provisions shall apply.
    The municipal administrative organs or the internal work of the Organization, management systems, personnel decisions and administrative decisions taken on specific issues, these rules do not apply.
    Fourth article (developed and record principles) this city normative file of developed, and record, should followed following principles: (a) maintenance national legal unified; (ii) meet law administrative requirements; (three) reflected science specification administrative behavior; (four) in accordance with statutory terms and program; (five) guarantees citizens, and corporate and other organization lawful rights and interests of; (six) insisted has pieces essential, and has prepared will trial, and errors will correcting. Fifth article (developed subject) this city following administrative organ or organization can developed normative file: (a) city, and district (City) County, and township government (containing high district CMC); (ii) City Government composition sector, and do institutions, and directly under the institutions (following referred to work sector); (three) District (City) County Government work sector (containing subdistrict offices) according to work need does needed developed normative file of, should will intends developed of normative file of name, and according to, and
    The main content and the need to develop the normative documents report the people's Governments at the corresponding level, agreed by the the people's Governments at the corresponding level, developing normative documents (d) the municipal administration according to the laws, rules and regulations authorized organization.
    Municipal, district (City), County and township people's Government established the provisional institutions, the deliberation and coordination agencies, organs of the Executive shall make no normative documents.
    Sixth (procedures) to develop normative documents, shall, in accordance with the project plan, survey drafting, advice, compromise of differences, demonstrating the hearing, legal review, discussions, decisions, signing and promulgation procedures.
    Due to public emergencies, the protection of public security and vital public interests, implement higher administrative authority of emergency orders and decisions, and so on, require immediate development of normative documents, approved by the Executive Heads of the enacting body, can simplify the development process.
    Seventh article (shall not set of content) except has statutory according to or national another has provides of outside, normative file shall not set following content: (a) administrative license matters; (ii) administrative punishment matters; (three) administrative forced measures; (four) administrative career sex charges matters; (five) other should by legal, and regulations, and regulations or superior administrative organ provides of matters.
    Eighth (drafting and argumentation) draft normative documents, the content should be clear, specific, operational; should study the feasibility and necessity of development of normative documents and normative documents to solve problems, to be established by the main system or the main measures to be provided for research demonstration. Nineth (draft for soliciting opinions) draft normative documents, drafting departments shall listen to the relevant organs, organizations and management or expert opinion.
    Major or related to the vital interests of the draft regulatory documents, forums, feasibility study meeting, hearing or to the public consultation by way of draft normative documents.
    Tenth (and coordination) a citizen, legal person or other organization's comments on the content of the draft regulatory documents and recommendations, drafting departments shall deal with and explained in the drafting instructions. Relevant bodies, organize content the major differences of opinion on the draft regulatory documents, drafting Department coordination cannot reach consensus on coordination, coordination or determination of the Executive report to the previous level.
    Coordination and handling of major differences of opinion should be explained in the drafting instructions.
    11th (to request the review of materials) submitted to the Government to review the draft regulatory documents shall be signed by the head of drafting Department is mainly; drafted jointly by two or more departments, should be drafted by the joint sector mainly responsible for the sign.
    Reported to the city or district (City) County Government released normative file, should provides following material: (a) reported to the audit of asked; (ii) normative file draft; (three) drafting description (including developed normative file of purpose, and according to, and main content and major differences views of processing situation,); (four) drafting normative file by according to of legal, and regulations, and regulations and national of approach, and policy; (five) sought views of about material; (six) other about information.
    Normative documents developed by other administrative bodies or organizations, you need to submit audit material, reference to these provisions.
    12th (legal review) normative documents of the Department of Legal Affairs (Agency) is responsible for the legal review comments on the draft regulatory documents.
    Legal review views should including following content: (a) whether has developed of need and feasibility; (ii) whether beyond developed organ of statutory terms; (three) whether and legal, and regulations, and regulations and national of approach, and policy phase conflict; (four) whether and other normative file phase coordination, and convergence; (five) specific provides whether appropriate; (six) whether violation statutory program; (seven) whether sought related organ, and organization and management relative people of views; (eight) whether on major differences views for coordination and processing;
    (IX) other contents need to be reviewed.
    13th (review), normative documents of the rule of law sector (institutions) reported to the review of draft normative documents should be reviewed, modified, and differences of opinion coordination; coordination of major differences should be reported to the enacting body.
    Normative file draft has following case one of of, developed organ or its legal sector (institutions) can will its returned drafting sector (institutions), or requirements drafting sector (institutions) modified, and added material Hou again reported to the review: (a) not meet this provides 11th article, and 12th article provides of; (ii) developed of basic conditions is not mature of; (three) citizens, and corporate or other organization on normative file draft proposed views and reason full, drafting sector (institutions) not adopted and not description reason of;
    (D) the relevant organs, organizations have significant differences on the draft normative documents and reason to do so, drafting Department (Agency) was not adopted without giving a reason.
    14th (approval procedure), and district (City) County Governments develop regulatory documents, should be considered by the Executive meeting of the Government's decision.
    Normative documents developed by other administrative bodies or organizations, shall be subject to consideration by the Office decision.
    Line with the provisions of the second paragraph of this article sixth, development of normative documents can be reviewed by the Executive Heads of the enacting body to decide.
    15th (release) regulatory documents shall be determined by the enacting body to the public.
    Normative documents not released to public, not as a basis for a specific administrative act.
    16th (entry into force duration) regulatory documents shall be implemented since the published 30th.
    Due to public emergencies, the protection of public security and vital public interests, implementation of the higher administrative authority of emergency orders and decisions, announced immediately after the execution would hinder the implementation of the normative documents except.
    17th (explanation) of normative documents by the enacting body is responsible for the interpretation.
    18th (recording review), and district (City) and County legal departments, municipal departments records review of the rule of law institutions specifically responsible for the normative documents.
    19th (reporting period) the enacting body shall from the date of regulatory documents published in the 30th, to send the recording review mouthpiece for the record.
    20th article (reported prepared way) by following provides submitted record: (a) City Government developed of normative file, to province government legal sector submitted record; (ii) District (City) County Government, City Government work sector, city level legal, and regulations, and regulations authorized organization developed of normative file, to city government legal sector submitted record; (three) Township government, district (City) County Government work sector developed of normative file, to district (City) County government legal sector submitted record;
    (D) municipal and district (City) County Department of normative documents must at the same time higher level authorities to submit for the record and (e) two or more joint development of normative documents, submitted for the record by the host Department and other departments on the CC-level authorities.
    21st (reported material) when documents submitted for the record, the following documents shall be submitted: (a) the record report (signed by the enacting body in charge of); (b) the official 5 copies of the regulatory documents (with electronic text) and (iii) preparation of notes and related laws, rules, regulations, and policy basis. 22nd (filing acceptance of registration)

    Normative documents submitted for the record in accordance with the provisions of article II, 20th, 21st article, be registered by the record review organs, and be publicized on a regular basis; do not meet requirements, shall not be registered.
    23rd (subject) normative documents record review bodies should be submitted to the record review of the following: (a) developing organ has a corresponding legal authority, (ii) with the laws, rules, regulations and contravene the principles and policies of the country, and (iii) would violate the due process and (d) specific provisions is appropriate. 24th (normative documents on illegal or improper handling), normative documents of the following questions, by recording review bodies in accordance with the following provisions: (a) violations of the provisions of this article fourth, seventh, record by record review authority of the normative documents of the review submissions. The enacting body shall upon receipt of the submissions within the 15th amendment or repeal their own.
    Refusal, by recording review approval of the mouthpiece, the people's Governments at the corresponding level, be revoked.
    (B) the lower level people's Governments to develop normative documents and upper level Government work departments of the normative document provisions on the same matter, coordinated by the record review organs; coordinated fail to reach an agreement, presented by the recording review authorities handling level people's Government decision.
    (C) between normative documents for the same-level Government work departments are inconsistent on the same matter, coordinated by the record review organs; coordinated fail to reach an agreement, presented by the recording review authorities handling level people's Government decision.
    25th (the enacting body's supervision) for not following the regulations or normative document submitted for the record, be ordered by the authorities concerned within a time limit and be communicated; depending on the circumstances and the consequences of, the relevant authorities in accordance with the administrative fault of the Chengdu municipal civil servant provisional regulations on administrative sanctions, accountability of managers and other responsible personnel responsibilities.
    26th (clean up) the enacting body shall, in accordance with laws, regulations, rules and adjustment of national policies, as well as the facts change, published normative documents are regularly cleaned, amendment or revocation does not meet the needs of regulatory documents.
    27th (interpretation) by the Chengdu municipal people's Government Affairs Office is responsible for the interpretation of these provisions. 28th (execution date) these provisions shall take effect on September 1, 2005.
    September 2, 1991, provisions of the normative documents for the record in Chengdu City (the 18th of the municipal government) abrogated.

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    Record report (districts, counties) Legislative Affairs Office will now be my area (city, County, Board, Office, Council) 200X x years x months we've developed and published of the xxxxxxxx, submitted for the record.

                                   Report: x office copy (including electronic copies), drafted notes and related laws, rules, regulations, and policy basis.

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